H-1B Petitions – How to Prepare for April 1 Filings

It’s H-1B season again. The beginning of a new year and less than 3 months from the first date that USCIS will accept new H-1B petitions on April 1, 2012. It’s time to prepare your H-1B.

The immigration attorneys at Fong & Aquino have been receiving many phone calls from potential H-1B employers and H-1B job seekers in preparation of filing H-1B petitions in April and early summer. Let’s review some of the H-1B basics:

The job offer must be for a position which requires specialized knowledge in a certain field.

The employer must be ready to detail the job duties and have evidence ready in case of a Request for Evidence (RFE) if the USCIS questions whether the job requirements are an industry norm

The employer must be willing and able to pay the prevailing wage for the occupation

The employee must be able to show that he or she has status until October 1, 2012 or leave the US and apply for an H-1B visa abroad before re-entering
Although these are the general requirements for an H-1B petition, this is enough for an experienced immigration attorney to begin assessing your case for strengths and weaknesses. The attorneys at Fong & Aquino are often consulted several times before an H-1B applicant and employer are ready to begin the process. If you have questions about your specific job offer or your qualifications for an H-1B, call the business immigration attorneys at Fong & Aquino for a consultation. —ecf